Rhode Island divorce attorney, David Slepkow 401-437-1100 answers some important questions concerning RI divorce law. David Slepkow is a Providence Family Court lawyer. He is a Partner and owner of Slepkow Slepkow & Associates Inc.
What are the residency requirements to get a divorce in Rhode Island?
§ 15-5-12 Domicile and residence requirements. (a) No complaint for divorce from the bond of marriage shall be granted unless the plaintiff has been a domiciled inhabitant of this state and has resided in this state for a period of one year next before the filing of the complaint; provided, that if the defendant has been a domiciled inhabitant of this state and has resided in this state for the period of one year next before the filing of the complaint, and is actually served with process, the requirement of this subsection as to domicile and residence on the part of the plaintiff is deemed satisfied and fulfilled. The residence and domicile of any person immediately prior to the commencement of his or her active service as a member of the armed forces or of the merchant marine of the United States, or immediately prior to his or her absence from the state in the performance of services in connection with military operations as defined in subsection (c) of this section, shall, for the purposes of this section, continue to be his or her residence and domicile during the time of his or her service and for a period of thirty (30) days after this. Testimony to prove domicile and residence may be received through the ex parte affidavit of one witness.
(b) Every word importing the masculine gender only shall be construed in this section to extend to and include females as well as males.
(c) The term “services in connection with military operations” shall be construed in this section to include persons serving with the American Red Cross, the Society of Friends, the Women’s Auxiliary Service Pilots, and the United Service Organizations. http://webserver.rilin.state.ri.us/Statutes/title15/15-5/15-5-12.HTM
- “Number of marriages: 2,140, 272 (49 reporting States and D.C)
- Marriage rate: 6.9 per 1,000 total population (49 reporting States and D.C)
- Number of divorces: 813,862 (45 reporting States and D.C.)
- Divorce rate: 3.2 per 1,000 population (45 reporting States and D.C.)” https://www.cdc.gov/nchs/fastats/marriage-divorce.htm
Can I change my name in a divorce in Rhode Island?
§ 15-5-17 Change of name “Any woman, to whom a divorce from the bond of marriage is decreed, shall, upon request, be authorized by the decree to change her name, notwithstanding that there may be children born of the marriage, and subject to the same rights and liabilities as if her name had not been changed. This statute is in addition to, and not in abrogation of, the common law.” TITLE 15 Domestic Relations CHAPTER 15-5 Divorce and Separation SECTION 15-5-17 http://webserver.rilin.state.ri.us/Statutes/title15/15-5/15-5-17.HTM
Is a court appearance required in a Rhode Island divorce?
“No divorce from the bond of marriage shall be granted solely upon default nor solely upon admissions by the pleadings, except upon trial before the court in open session; nor shall the divorce be granted where the court is satisfied that there has been any collusion or corrupt conduct by the parties, or either of them, in regard to the proceedings to obtain the divorce.” § 15-5-22 Trial required – Collusion.
Who pays the marital debts and credit cards in a divorce in Rhode Island?
Rhode Island has no statute directly pertaining to the division of debt and credit cards in a divorce.
Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice